Appendix I: Right to work in the UK and the transition to eVisas
Common discriminatory practices
Union reps should watch for discriminatory patterns in hiring and right to work checks:
• Only checking non-white or non-British applicants
• Asking for more documents from some applicants
• Assuming qualifications from other countries are inferior
These practices may breach both immigration and equality law.
Transition to eVisas
An eVisa is a digital record of a person’ s immigration status held by the Home Office. It replaces physical proof such as Biometric Residence Permits( BRPs), Biometric Residence Cards( BRCs), passport endorsements and visa vignettes.
Workers will now need to:
• Set up a UKVI account
• Use an online share code to prove status
• Access the UK Immigration: ID Check app if needed( https:// www. gov. uk / guidance / using-the-uk-immigration-id-check-app)
More information can be found on the government website: https:// www. gov. uk / get-access-evisa
Challenges with eVisas
Union reps may find members face issues such as:
• Difficulty accessing or using the UKVI system
• Lack of digital access or smartphone capability
• Language barriers or low digital literacy
• Confusion among employers about digital status
UNISON resource: https:// www. unison. org. uk / the-uks-visa-system-is-changing /
Practical guidance for reps and caseworkers
Union reps can:
• Ensure employers apply right to work checks fairly and consistently
• Challenge discriminatory assumptions or practices
• Support members through TUPE transfers where new checks may be carried out
• Help members navigate the eVisa process
• Refer members to specialist immigration advice where needed
LRD • Supporting migrant workers 85